    [Public Papers of the Presidents of the United States: George W. Bush (2004, Book III)]
    [November 29, 2004]
    [Pages 3017-3019]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Letter to Congressional Leaders Transmitting an Executive Order
    Modifying the Scope of the National Emergency Declared in Earlier
    Executive Orders Relating to Iraq
    November 29, 2004

    Dear Mr. Speaker:  (Dear Mr. President:)
        Consistent with subsection 204(b) of the International Emergency
    Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), I hereby report that I
    have issued an Executive Order (the ``order'') in which I modify the
    scope of the national emergency declared in Executive Order 13303 of May
    22, 2003, expanded in Executive Order 13315 of August 28, 2003, and
    further modified in Executive Order 13350 of July 29, 2004. I have
    determined that an additional threat exists with respect to which the
    national emergency was declared and expanded in those Executive Orders.
    I have also determined that steps taken in Executive Order 13303 to deal
    with the national emergency declared therein need to be revised in light
    of United Nations Security Council Resolutions 1483 of May 22, 2003, and
    1546 of June 8, 2004, respectively. I have enclosed a copy of the order.

        In Executive Order 13303 of May 22, 2003, I found that the threat of
    attachment or other judicial process against the Development Fund for
    Iraq, Iraqi petroleum and petroleum products and interests therein, and
    proceeds, obligations, or any financial instruments of any nature
    whatsoever arising from or related to the sale or marketing thereof, and
    interests therein, obstructed the orderly reconstruction of Iraq, the
    restoration and maintenance of peace and security in the country, and
    the development of political, administrative, and economic institutions
    in Iraq. I determined that this situation constituted an unusual and
    extraordinary threat to the national security and foreign policy of the
    United States,

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    and I declared a national emergency to deal with that threat.
        Consistent with IEEPA, as amended, (50 U.S.C. 1701 et seq.), the
    National Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the
    United Nations Participation Act, as amended (22 U.S.C. 287c) (UNPA),
    and section 301 of title 3, United States Code, in Executive Order 13303
    I ordered, inter alia, that unless licensed or otherwise authorized
    pursuant to that order, any attachment, judgment, decree, lien,
    execution, garnishment, or other judicial process is prohibited, and
    shall be deemed null and void, with respect to the following:
           (a)   the Development Fund for Iraq, and
           (b)   all Iraqi petroleum and petroleum products, and interests
                therein, and proceeds, obligations, or any other financial
                instruments of any nature whatsoever arising from or related
                to the sale or marketing thereof, and interests therein, in
                which any foreign country or a national thereof has any
                interest, that are in the United States, that hereafter come
                within the United States, or that are or hereafter come
                within the possession or control of United States persons.
        Consistent with United Nations Security Council Resolutions 1483 and
    1546, I have determined that the steps taken in Executive Order 13303 to
    deal with the emergency declared therein need to be revised so that such
    steps do not apply with respect to any final judgment arising out of a
    contractual obligation entered into by the Government of Iraq, including
    any agency or instrumentality thereof, after June 30, 2004, and so that,
    with respect to Iraqi petroleum and petroleum products and interests
    therein, such steps shall apply only until title passes to the initial
    purchaser.
        The new order provides that protections granted by section 1 of
    Executive Order 13303, as well as the protections granted by this order
    to the property of the Central Bank of Iraq, do not apply with respect
    to any final judgment arising out of a contractual obligation entered
    into by the Government of Iraq, including any agency or instrumentality
    thereof, after June 30, 2004.
        In addition, the order modifies section 1 of Executive Order 13303
    to provide that the protections granted therein to all Iraqi petroleum
    and petroleum products, and interests therein, apply only until title
    passes to the initial purchaser.
        Furthermore, I now find that the threat of attachment or other
    judicial process against the assets of the Central Bank of Iraq
    constitutes one of the obstacles to the orderly reconstruction of Iraq,
    the restoration and maintenance of peace and security in the country,
    and the development of political, administrative, and economic
    institutions in Iraq. I have determined that the scope of the national
    emergency declared in Executive Order 13303, as expanded by Executive
    Order 13315, and modified by Executive Order 13350, be further modified
    to address this threat.
        Consequently, the order modifies the actions taken to address the
    national emergency declared in Executive Order 13303, as expanded by
    Executive Order 13315, and further modified in Executive Order 13350, by
    amending section 1 of Executive Order 13303 to extend the protections
    granted therein against any attachment, judgment, decree, lien,
    execution, garnishment, or other judicial process to any accounts,
    assets, investments, or any other property of any kind owned by,
    belonging to, or held by the Central Bank of Iraq, or held, maintained,
    or otherwise controlled by any financial institution of any kind in the
    name of, on behalf of, or otherwise for the Central Bank of Iraq.
        I have delegated to the Secretary of the Treasury, in consultation
    with the Secretary of State, the authority to take such actions,
    including the promulgation of rules and regulations, to employ all
    powers granted to the President by IEEPA and the UNPA as may be
    necessary to carry out the purposes of this order. The Secretary of the

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    Treasury may redelegate any of these functions to other officers and
    agencies of the United States consistent with applicable law. I have
    directed all agencies of the United States Government to take all
    appropriate measures within their authority to carry out the provisions
    of this order.
             Sincerely,

                                                              George W. Bush

    Note: Identical letters were sent to J. Dennis Hastert, Speaker of the
    House of Representatives, and Richard B. Cheney, President of the
    Senate. This letter was released by the Office of the Press Secretary on
    November 30. An original was not available for verification of the
    content of this letter. The Executive order of November 29 is listed in
    Appendix D at the end of this volume.